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Legislative Improvement Of The Crime Of Abusiveness And Judicial Determination

Posted on:2018-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:C J ZhangFull Text:PDF
GTID:2356330536965326Subject:legal
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Ecent years,Kindergarten child abuse and the old man nursing home abuse events happen accasionally,bad circumstances and consequences highlights social harmfulness of this kind of behavior,but because the limitation of subject status of abuse in the current criminal law,this kind of behavior is difficult to through the criminal law norms.Because of this,the amendment to the criminal law(9)has made changes to the crime of abuse.The latest “anti-domestic violence law in the People's Republic of China ”(hereinafter referred to as “ the anti-domestic violence law ”)also regulates domestic violence.Based on the "criminal law amendment(9)and the anti-family violence law " enacted legislation background,combined with three similar domestic violence cases,discusses the crime of abuse.This article is divided into three parts:The first part is the summary of the case and the focus of the controversy.This paper chose shandong network criminal law net and the written judgment of three typical cases of the crime of abuse,through case control,able to contend,on three sides to abuse the cognizance of crime related issues,summed up the abuse,"vicious" and crime and not crime,this crime and thosethree aspects.The second part is the legal analysis of the controversial issues and the related charges.This section mainly focuses on the above issues.The provisions of the criminal law article260 and article 260 of the failed to cruelty clear boundaries,with different scholars of cruelty there is different understanding,concrete is also debate about the cognizance of the abuse of quite large.The criminal law of our country has set higher statutory punishments for the abuse of family members.Unfortunately,no authoritative explanation has yet emerged to clarify the "bad" standards of torture.Mainly from the subject and the objective aspects of the relevant charges to distinguish between the crime and abuse of intentional injury,at the same time,the comparison of the cruelty and the differences between the parents punish behavior.The third part is the suggestion on the improvement of abuse.For the second part of the problem and combining with the outside of the legislative status quo abuses,on how to perfect the abuses of the current legislation and judicial cognizance question proposed the corresponding perfecting suggestion.The improvement of abusive behavior is mainly in the division of contact and non-contact."Vicious" should notonly in the damaged degree,from the four elements of the crime constitution,or even a three-stage Angle comprehensive and integrated comprehensive considerations,then,by summarizing and listed in the form of a specific explanation;In addition,there is an exploration of supporting measures beyond existing penalties.
Keywords/Search Tags:Abusive behavior, Crime of abuse, Bad circumstances, Revise and perfect, Judicial cognizance
PDF Full Text Request
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